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AGO Opinions with Topic: PROFIT-SHARING CARDS
AGO 1963 No. 22 >  May 8, 1963
LOTTERIES - SALES SCHEME - PROFIT-SHARING CARDS
LOTTERIES ‑- SALES SCHEME ‑- PROFIT-SHARING CARDS Under the constitution and statutes of this state a lottery consists of three elements:  (1) prize; (2) chance; and (3) consideration.  The name of the scheme or enterprise is immaterial.  A violation of our lottery statute (RCW 9.59.010) occurs where a store advertises and operates a scheme whereby customers who make purchases in a certain amount (which are recorded on a premium card) or who have made a certain number of visits to a store (and have received the required number of free punches on the premium card) may win from $1 to $1,000.  The first two elements are clearly present; the third, consideration, is established by the fact the paying and nonpaying participants are inextricably grouped together.
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